Statutory Instruments
2011 No. 1209
Electronic Communications
The Electronic Communications (Universal Service) (Amendment) Order 2011
Made
4th May 2011
Laid before Parliament
5th May 2011
Coming into force
26th May 2011
The Secretary of State makes the following Order in exercise of the powers conferred by section 65 of the Communications Act 2003( 1 ).
In accordance with section 65(4) of that Act, the Secretary of State has consulted the Office of Communications and such other persons as the Secretary of State considers appropriate.
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Electronic Communications (Universal Service) (Amendment) Order 2011 and comes into force on 26th May 2011.
(2) In this Order, “the 2003 Order” means the Electronic Communications (Universal Service) Order 2003( 2 ).
Amendment of the 2003 Order
2. The 2003 Order is amended as set out in the following articles.
3. In article 2 (Interpretation)—
(a) Omit the definition of “network termination point”;
(b) In the definition of “publicly available telephone service”—
(i) After “a service” insert “made”,
(ii) After “originating and receiving” insert “directly or indirectly”,
(iii) After “national” insert “or national”,
(c) omit from “, and may, where relevant” to the end of the definition;
(d) Omit the definition of “public telephone network”
4. After article 3 insert—
“ Modification of universal service obligations
3A. Where OFCOM has made a general condition under section 51 of the Act in relation to the matters in paragraph 6 of the Schedule, then OFCOM shall not impose a universal service obligation in respect of those matters. ”
5. In the Schedule to the 2003 Order—
(a) in paragraph 1(1)—
(i) for “public telephone network” there shall be substitute “public electronic communications network”, and
(ii) and for “at a fixed location” the second time they occur substitute “over that communications network”;
(b) in paragraph 1(2) after “facsimile” omit “communications”;
(c) in paragraph 4(1)—
(i) after “Public pay telephones” insert “or other public voice telephony access points”, and
(ii) after “the number of telephones” insert “or other access points”.
Ed Vaizey
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
4th May 2011